Patient claims medical device malfunctioned, perforated internal organs

A patient claims a medical device manufactured by Cook Medical Incorporated was surgically implanted and then malfunctioned, causing injuries to her internal organs. 

Plaintiff Rhonda L. Garner filed a lawsuit in the U.S. District Court for the Southern District of Illinois against Cook Incorporated, Cook Medical Incorporated, Cook Group Incorporated and Cook Medical, LLC, citing negligence, product liability and fraudulent concealment.

According to the lawsuit, the defendants were responsible for the manufacture, marketing and distribution of an IVC filter known as the Gunther Tulip Vena Cava Set. The medical device is designed to filter blood clots from transferring throughout the body, causing pulmonary embolism. 

The plaintiff claims she had the Gunther Tulip Vena Cava Set surgically implanted inside her body on Feb. 21, 2009. The lawsuit states that the device subsequently malfunctioned, perforating some of her internal organs with its multiple prongs. 

Garner claims that because of the malfunction, she faces increased risk of further perforations of her internal organs. She alleges the issue will require medical care and monitoring for the rest of her life. The lawsuit also states that it is unknown if the device can be removed by means other than open surgical procedure.

According to Garner, the defendants manufactured and distributed a medical device they knew to be defective without issuing proper warning. 

The plaintiff is seeking damages for present and future physical pain and suffering, physical impairment, mental anguish, necessary medical expenses, disfigurement, and punitive damages. 

Garner is seeking damages in excess of $75,000, plus court costs, interest, and any other relief the court deems proper. She is represented in this case by attorney Bryce Hensley of Romanucci & Blandin, LLC in Chicago.

U.S. District Court for the Southern District of Illinois case number CV-01149-JPG

Read more